The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. The sentence (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. Determination

A. The crime of this case against the part of the defendant is recognized that the defendant, who was entrusted with all administrative affairs concerning the purchase and sale of the right to sell and purchase the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of the ownership of

However, the defendant, who led to the confession of the crime, has no record of being punished for the same crime and has no record of being punished for the same crime, and there is no record of being sentenced to a fine heavier than the fine. After the decision of the court below, the remaining embezzlement amount of 50 million won has been repaid and agreed smoothly with the victim. In addition, considering the defendant's age, sex, environment, motive, means and consequence of the crime of this case, all of the sentencing conditions and the scope of the recommended sentencing guidelines for the enactment of the sentencing guidelines by the sentencing committee of the Supreme Court, such as the circumstances after the crime, etc., the punishment imposed by the court below is too unreasonable.

B. According to the record as to the part of the compensation order, since the applicant is aware of the fact that the applicant received the remainder amount of KRW 50 million from the defendant after the decision of the court below, it constitutes a case where it is impossible to issue the compensation order because the existence or scope of the applicant's compensation liability is unclear.

3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading. The part of the judgment below regarding the applicant for compensation order is reversed and the application for compensation order by the applicant for compensation pursuant to Articles 25(3)3 and 32(1)3 and 32(2) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits.